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Executive Summary

The process of allowing interested crime victims to meet offenders in
the presence of trained mediators now occurs in nearly 300 communities
in the United States and more than 700 communities in Europe. When victim-offender
mediation originated in Canada in 1974 and in the United States in 1978,
there were only a handful of programs. With the growing interest in restorative
justice and the rapid expansion of victim-offender mediation programs,
it is important to gain a clear understanding of how the field is developing
and becoming highly responsive and sensitive to the needs of crime victims.
Every effort must be made to ensure that victims are not used simply as
tools for offender rehabilitation, as they are in the dominant offender-driven
juvenile and criminal justice systems. At the same time, the needs of
offenders must also be considered.

This monograph presents specific criteria and recommendations to enhance
the overall quality of victim-offender mediation programs and promote
far more victim-sensitive practices in the field. The material presented
is grounded in a yearlong assessment of the most current practices in
the field, based on a nationwide survey. The material focuses on the practice
of victim-offender mediation and dialogue regarding property crimes and
minor assaults, the kinds of offenses typically addressed through mediation.
A small but growing number of victims of severe violence are requesting
to meet with their offenders. This is, however, an intensive and lengthy
process that requires advanced training for the mediator. Fully addressing
the multitude of issues related to working with severely violent victimizations
such as sexual assault, attempted homicide, or murder is beyond the scope
of this monograph.

The growing interest in victim-offender mediation arises from its capability
to facilitate a real and understandable sense of justice for those most
directly affected by crime: victims, victimized communities, and offenders.
Victim-offender mediation breathes life into the emerging concept of restorative
justice by asking, who was harmed, how can the harm be addressed, and
who is held accountable for what happened. It seeks more balanced
and effective juvenile and criminal justice systems that recognize the
need to involve and serve victims and victimized communities. At the same
time, it seeks to hold offenders more directly accountable to those they
have harmed without overreliance upon costly incarceration.

Along with identifying specific recommendations for program development,
the monograph sets forth guidelines for victim-sensitive victim-offender
mediation. The guidelines address victim safety, screening of cases, the
victim's and offender's choices, the mediator's obligations and responsibilities,
victim and offender support, the use of victim-sensitive language, and
training for mediators in victim sensitivity.